RAGHAVAN Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The Public Service Commission invited applications for recruitment of candidates as Excise Guards. The petitioner applied. He came out successful in the written test and physical fitness test. The interview, which was part of the selection process, was to be held at 7 A.M on 14-7-1981 at the District Office of the Commission at Cannanore. But the petitioner could get the "interview card" (i.e. the notice issued from the District Office about the proposed interview) only by the evening of 14-7-1981. He could not therefore present himself for the interview in time. He complained to the Superintendent of Post Offices as per Ext. P4 dated 25-7-1981. Ext. P5 representation was made to the Public Service Commission on 27-7-1981. The Postal authorities conceded that there was some delay; but the P.S.C. said they could not do anything. Thus the petitioner lost the opportunity of being employed under the State, only because of Postal delay. The Commission could save the situation by arranging another interview or by other means. The petitioner prays for mandamus towards this end.

(2.) The Commission's stand is this. The interview cards were posted on 3-7-1981. Even according to the petitioner, the card addressed to him had reached the Post Office of delivery on 6-7-1981. On the same day, the Commission had also issued a Press release. It had done everything in its power properly and in due time. It is not responsible for Postal delay. If belated or irregular Postal delivery is to be taken as aground for supplementary interviews and the like, no ranked list could ever be published in time. The list in this case was finalised on 10-8-1981, and persons included in the list advised for appointment. The list has also since expired.

(3.) The petitioner concedes that ordinarily applicants who fail to turn up for the interview are ineligible for being considered; but it is said that the special circumstances of the case should have been taken into account by the Commission and justice rendered by relaxing the rule.